HUMAN RESOURCES – 2012 All-bill summary

SF 2086—Regular Inspections of State-Licensed Facilities by DIA

SF 2158—Medicaid Payment for Speech Pathology

SF 2159—Confidentiality of Child Support Enforcement Information

SF 2160—Nursing Facility Financial Supplementation

SF 2163—Adult Day Services Certification

SF 2164—Record Check Evaluations for Employees at Health Care Facilities

SF 2165—Administrative Paternity Hearings Documentation

SF 2185—Physician Assistant Supervision Ratio

SF 2186—Suspension of Medicaid for Inmates

SF 2188—Foster Care License Renewal

SF 2247—Mental Health Redesign—Terminology Change

SF 2248—Authorization to Prescribe Respiratory Care Services

SF 2289—Iowa Disaster Aid Individual Assistance Grant Program

SF 2312—Mental Health Redesign—Judicial

SF 2315—Mental Health Redesign

SF 2318—Iowa Health Information Network

HF 2165—Iowa Physician Orders for Scope of Treatment (IPOST)

HF 2226—Child Abuse Registry Changes

HF 2305—Iowa Department on Aging Policy Bill

HF 2306—Membership of the Medical Assistance Advisory Council

HF 2320—Area Agencies on Aging Reorganization

HF 2368—Birth certificate for stillbirth

HF 2387—Elder Abuse

HF 2388—DSH Hospital Payments

HF 2464—Iowa Department of Public Health Policy Bill

HJR 2008—Rule Nullification Medicaid Physician Reimbursement

SF 2806 is a Department of Inspections and Appeals (DIA) bill. It repeals the moratorium on regular state-licensed-only health care facility inspections. It is retroactive to October 24, 2011. This bill legalizes current procedures of the Department. DIA is and will be doing regular inspections of Residential Care Facilities once every 30 months. [2/9: 50-0]

SF 2158 allows speech and language pathologists who are practicing independently to bill and be reimbursed by Iowa Medicaid. The bill directs the Department of Human Services (DHS) to adopt rules entitling licensed speech pathologists, including those certified in independent practice, to payment for services provided to recipients of Medicaid. [2/22: 48-0 (Greiner, Houser excused)]

SF 2159 is a DHS/Child Support Recovery Unit bill. It conforms state child support statute with federal child support regulations published by the U.S. Department of Health and Human Services. The regulations implement safeguards for confidential information. The regulations allow Child Support Recovery Unit to use or disclose information only for administration of the child support program and to provide information to other government agencies for certain programs. The information will remain available to parents or parties in the case. [2/27: 50-0]

SF 2160 allows an individual or family member to supplement the Medicaid payment for a private room at a nursing facility in certain circumstances. [3/5: 43-7 (Behn, Boettger, Chelgren, Greiner, Kettering, Seymour, Zaun “no”)]

SF 2163 is a DIA bill. It grants an exception from the state certification requirement to an adult day services program under Code chapter 231D, if the program is certified as a Federal Program for All-inclusive Care for the Elderly (PACE). Currently, there are two certified PACE programs in Iowa (the Sioux City area and in Council Bluffs). They will now be inspected by the Centers for Medicare and Medicaid Services (CMS) and DHS instead of DIA. [2/27: 50-0]

SF 2164 relates to DHS evaluations of criminal or abuse records of employees of health care facilities. It maintains the requirement for DHS to do new record checks. The bill allows an employee to change to a new job that is a comparable position without having a new evaluation, if it was determined that the record did not warrant prohibition of the person’s employment and the latest record checks were clean. [2/27: 50-0]

SF 2165 is a DHS/Child Support Recovery Unit bill. It allows the Child Support Recovery Unit to use an administrative procedure more often — rather than the full judicial process — to seek a court order to legally establish paternity for a child. [2/27: 50-0]

SF 2185 allows a licensed physician to supervise up to five physician assistants at one time. The decision to supervise any number of physician assistants is up to the physician. Under current law, a physician assistant must work under the supervision of a licensed physician, and a licensed physician is allowed to supervise no more than two physician assistants at one time. [2/28: 50-0]

SF 2186 allows the suspension, rather than termination, of Medicaid for inmates who were eligible for Medicaid upon commitment to prison. This allows Medicaid to be reinstated faster upon their release. [2/29: 50-0]

SF 2188 increases the time a foster care license for an individual is valid from one to two years upon successfully completing the first two-year period as a foster parent. [2/28: 50-0]

SF 2247 replaces the term “mental retardation” and “mentally retarded” with the term “intellectual disability” throughout Iowa Code. [2/28: 50-0]

SF 2248 allows licensed Physician Assistants and licensed Advanced Registered Nurse Practitioners, when operating under prescribing authority, to prescribe respiratory care. [2/29: 50-0]

SF 2289 authorizes DHS to implement an ongoing contract with a provider with local offices throughout the state to serve as the local administrative entity for the Iowa Individual Disaster Aid program. This will allow distribution of the aid more efficiently. [4/3: 48-0 (Bertrand, Horn excused)]

SF 2312 relates to persons with mental health illnesses and substance-related disorders and is based on recommendations from the DHS/Judicial Workgroup that is part of the Mental Health and Disability Services (MHDS) redesign process. It is one of three bills put forward by the MHDS Redesign Interim Committee. It clarifies definitions, recommends mental health training for law enforcement, requires approval before admittance at residential care facilities and nursing facilities, amends the current emergency detention and hospitalization procedures, establishes a pre-application screening process, provides for mental health advocates for persons found not guilty by reason of insanity, calls for a study of jail diversion and mental health courts, and continues the workgroup for another year. [3/5: 49-0 (Behn excused)]

SF 2315 redesigns the current county-based mental health and disability services system into a regional system with statewide standards, regional administration and locally delivered services. The bill sets out core service domain areas, creates a sub-acute level of care, eliminates legal settlement, establishes a uniform functional assessment process, and sets up workgroups to study workforce issues and outcome measures. The redesigned system will provide clients with timely access to an individualized set of person-centered services that consistent across the state. [5/9: 30-16 (Anderson, Bartz, Bertrand, Boettger, Dix, Ernst, Feenstra, Greiner, Hahn, Hamerlinck, Kapucian, Kettering, Smith, Sodders, Sorenson, Whitver “no”; Behn, Chelgren, Houser, McKinley excused)]

SF 2318 provides for the creation of a statewide health information network referred to as the Iowa Health Information Network (IHIN). It also provides for components that are critical to its development and operation. The network will provide for the secure electronic sharing of health information. The bill specifies the duties of the Department of Public Health in the day-to-day operations of the IHIN. The bill creates an IHIN fund in the state treasury.  [4/4: 44-2 (Anderson, Sorenson “no”; Bertrand, Horn, Houser, Kapucian excused)]

HF 2165 pertains to Iowa Physician Order for Scope of Treatment (IPOST), which has been piloted in Linn and Jones counties over the last four years in the Patient Autonomy pilot project. IPOST, based on a national movement, is a form intended as a communication tool for patients to articulate their treatment preferences based on their personal medical condition in consultation with their provider and family. An IPOST is meant to complement advance directives by translating patient treatment preferences into a medical order that may be relied upon by healthcare providers across all healthcare settings. It is meant for patients who have a serious, chronic condition, a terminal illness, or for the frail and elderly. The statewide advisory group for that pilot project recommended expansion statewide, which this legislation authorizes. [2/22: 48-0 (Greiner, Houser excused)]

HF 2226 is based on the recommendations of the Workgroup on Iowa’s Child Abuse Registry that was established last year in House File 562. It allows additional information to be submitted in child abuse cases; makes changes to speed up the appeals process; allows coordination of contested case proceedings with court cases; amends appeal filing timelines; de-links child abuse cases; and requires DHS to conduct a comprehensive review regarding a differential response to child abuse reports; and DHS and DIA to report to the Legislature regarding the length of time for appeals. [3/19: 50-0]

HF 2305 makes changes to the Department on Aging Code sections to remain in compliance with the Older Americans Act. It also makes various technical updates and clarifications to the Department’s responsibilities. It requires Aging and Disability Resource Centers to be dementia-capable. [3/21: 49-1 (McKinley “no”)] 

HF 2306 adds three new members to the Medical Assistance Advisory Council: Iowa Diabetic Association, Iowa Behavioral Health Association, and the Midwest Association for Medical Equipment Services or an affiliated organization. [3/21: 50-0]

HF 2320 allows the Department on Aging to continue efforts to reorganize the Area Agencies on Aging (AAAs). The bill eliminates the requirement that the Commission on Aging designate 13 AAAs and directs the Commission to designate an AAA for each planning and service area in the state. The Commission is directed to complete the new designations by July 1, 2013, based on the plan submitted to the Legislature and in accordance with the federal Older Americans Act. [3/19: 29-21 (Anderson, Bacon, Bartz, Behn, Bertrand, Boettger, Chelgren, Courtney, Dix, Ernst, Feenstra, Fraise, Greiner, Hahn, Hamerlinck, Houser, Kettering, Kibbie, McKinley, Smith, Sorenson “no”)]

HF 2368 provides for the issuance of a “certificate of birth resulting in stillbirth.” Only a parent named on a fetal death certificate issued pursuant to Iowa Code 144.30 may request the new certificate from the Iowa Department of Public Health. The new certificate of stillbirth will include this statement: “This certificate is not proof of live birth.” The stillbirth certificate is not required to be filed or registered and will not be used to establish, bring or support a civil cause of action seeking damages against any person for bodily injury, personal injury or wrongful death. [3/21: 50-0]

HF 2387 requires the Department on Aging to work with the DIA, DHS and the Attorney General’s Office to review issues related to abuse, neglect or exploitation of individuals in the state who are 60 years of age or older. A report is due to the Legislature by December 15, 2012. [3/21: 49-0 (McKinley excused)]

HF 2388 directs DHS to recalculate the Hospital-specific Disproportionate Share Hospital (DSH) limits for the fiscal year beginning July 1, 2012, and use the federal DSH allotment to the maximum extent possible, using appropriate local government sources for the non-federal match. The new pool is to be used to provide payments to rural prospective payment hospitals that are not designated as Critical Access Hospitals. [3/26: 31-19 (Anderson, Bacon, Bartz, Behn, Bertrand, Dix, Ernst, Feenstra, Hahn, Hamerlinck, Houser, Johnson, Kapucian, McKinley, Smith, Sorenson, Ward, Whitver, Zaun “no”)]

HF 2464 makes technical changes and updates to various programs within the Iowa Department of Public Health, including Board of Nursing Home Administrators, inspections of radiation machines, HIV confidentiality, pharmacy pilot programs and the reporting of federal grants with a state match. [4/23: 49-0 (McKinley excused)]

HJR 2008 nullifies the amendment to the DHS rule providing for Medicaid reimbursement paid to physicians for services rendered in a facility setting. The amendment to the rule provides for adjustment of the reimbursement by a percentage differential that is equal to the percentage difference between the Medicare nonfacility and facility fee schedule amounts for Iowa. By nullifying the amendment to the rule, the reimbursement will remain based on an adjustment factor as determined by DHS. [4/25: 43-0 (Anderson, Chelgren, Hamerlinck, Kapucian, McKinley Rielly, Sorenson excused)]